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Directive Principles

The document summarizes the Directive Principles of State Policy contained in Part IV of the Indian Constitution. It describes the DPS as setting out aims and objectives for states to pursue in governing the country, based on the concept of a welfare state. The DPS are not judicially enforceable but provide standards to guide legislation and policymaking in areas like social justice, economic justice, labor rights, education, healthcare and more. The document further classifies the DPS into social/economic charter, social security charter and community welfare charter. It also explains the difference between DPS and fundamental rights, with the latter being justiciable but not the former.

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450 views15 pages

Directive Principles

The document summarizes the Directive Principles of State Policy contained in Part IV of the Indian Constitution. It describes the DPS as setting out aims and objectives for states to pursue in governing the country, based on the concept of a welfare state. The DPS are not judicially enforceable but provide standards to guide legislation and policymaking in areas like social justice, economic justice, labor rights, education, healthcare and more. The document further classifies the DPS into social/economic charter, social security charter and community welfare charter. It also explains the difference between DPS and fundamental rights, with the latter being justiciable but not the former.

Uploaded by

AkhilDixit
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPT, PDF, TXT or read online on Scribd
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DIRECTIVE PRINCIPLES OF

STATE POLICY
(ARTICLES 36-51)

INTRODUCTION
The DPS contained in Part IV of the
Constitution set out the aims & objectives
to be taken up by the States in the
governance of the country.
This feature of the Constitution is
borrowed from the Constitution of Ireland
which had copied it from the Spanish
Constitution.

The idea of welfare State envisaged by


our Constitution can only be achieved if
the States endeavor to implement them
with a high sense of moral duty.

UNDERLYING OBJECT BEHIND


DPS
The DPS are the ideals which the Union &
State Governments must keep in mind
while they formulate policy or pass a law.
They lay down certain social, economic &
political principles, suitable to peculiar
conditions prevailing in India.
Dr. B.R. Ambedkar aptly describes the
objectives of a Welfare State.

Thus it is clear that the main object in


enacting the DPs appear to have been to set
standards of achievements before the
Legislature & the Executive, the local & other
authorities, by which their success of failure
can be judged.
It should, however, be noted that the DPs do
not impose any particular brand or pattern of
economic or social order.
They lay down the goals which may be
achieved through various means which have
to be devised from time to time.

CLASSIFICATION OF
DIRECTIVES
A. Social & Economic Charter
B. Social Security Charter
C. Community Welfare Charter

A. SOCIAL & ECONOMIC


CHARTER
1. Social order based on justice (Art. 38)
2. Principles of Policy to be followed by the
State for securing economic justice (Art.
39)

B. SOCIAL SECURITY CHARTER


1. Participation of workers in management
of Industries (Art. 43-A)
2. Right to work, education & public
assistance in certain cases (Art. 41)
3. Just & human conditions of work (Art. 42)
4. Living wage for workers (Art. 43)
5. Provision for early childhood care &
education to children below the age of 6
years (Art. 45)

6. Duty to raise the standard of living &


improvement of health (Art.47)
7. Promotion of educational & economic
interest of weaker sections (Art. 46)
8. Equal justice & free legal aid to
economically backward classes (Art.
39-A)

C. COMMUNITY WELFARE
CHARTER
1. Uniform Civil Code (Art. 44)
2. Organisation of agriculture & animal
husbandry (Art. 48)
3. Protection & improvement of forests &
wild life (Art. 48-A)
4. Protection of monuments & places &
objects of national importance (Art. 49)

5. Separation of Judiciary from Executive


(Art. 50)
6. Promotion of International peace &
security (Art. 51)
7. Organisation of Village Panchayats (Art.
40)

RELATION b/w DP & F. RTS.


The DPs differ from Fundamental rights in this respect
that while latter are justifiable, the former are nonjustifiable.
Acc. to Art. 37, the DPs, though they are fundamental
in the governance of the country & it shall be the duty
of the State to apply these principles in making law,
but they are expressly made non-justifiable.
On the other hand, fundamental rights are
enforceable by the courts (Art. 32) & the courts are
bound to declare as void any law that is inconsistent
with the fundamental rights.

The DPs are not enforceable by the courts nor


can the courts declare as void any law which is
otherwise valid on the ground that it contravenes
any of the directives.
Eg. If a person is illegally detained, a writ of
habeas corpus can be obtained by the detenue.
But, if the Government doesnt separate judiciary
from the executive or introduce free &
compulsory education the courts cant help the
aggrieved.

CASES
State of Madras v. Champakam Dorairajan, AIR 1951 SC
228
State of Bihar v. Kameshwar Singh, AIR 1952 SC 352
Re Kerala Education Bill, AIR 1957 SC 956
Kesvananda Bharti v. State of Kerala, AIR 1978 SC 1461
Unni Krishnan v. State of A.P., AIR (1993)1 SCC 645
Minerva Mills v. Union of India, AIR 1980 SC 1789
State of Gujarat v. Mirazpur Moti Kureshi Kassab Jamat,
AIR 2006 SC 212

CONTINUE
.

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